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HTMLHow Federal Preemption Affects Local and State Labor Peace Agreements
David F. Loeffler; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2016, previously published on December 30, 2015
Unions have been largely unsuccessful in their efforts to organize employees and negotiate first contracts within the system created by the National Labor Relations Act (NLRA). Only about 7 percent of the private-sector labor force is unionized. Consequently, unions have adopted new organizing...

 

HTMLWorth the Wait: Will USCIS Draft Policy Guidance Bring Greater Job Portability and Career Advancement for Foreign Workers and Their Employers in 2016?
Diane M. Rish; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2016, previously published on December 31, 2015
On November 20, 2015, the United States Citizenship and Immigration Services (USCIS) released a highly anticipated draft policy memorandum for public review and comment that provides guidance to USCIS Immigration Services Officers (ISOs) on evaluating whether one job is in “the same or a...

 

HTMLMinimum Wage Changes to New York’s Fast Food Industry: New Hospitality Wage Order & FAQs
Seth D. Kaufman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2016, previously published on December 30, 2015
As we previously discussed in May and July of this year, wage and hour requirements for the fast food industry in New York State are changing starting in the new year. These changes, which go into effect on December 31, 2015, result from recommendations made by the Fast Food Wage Board, which...

 

HTMLDHS Issues Proposed Rule for Changes to Employment of High-Skilled Foreign Workers
Jacob D. Cherry; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 8, 2016, previously published on December 31, 2015
On December 30, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning employment-based visa programs for high-skilled workers. The notice is published in the December 31, 2015 Federal Register and is subject to a 60-day comment period ending...

 

HTMLPreparing for the Upcoming Amendments to the FLSA Overtime Regulations: A Toolkit for Retail and Hospitality Employers
Diane M. Saunders, Elizabeth S. Washko; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 8, 2016, previously published on January 4, 2016
As we have previously reported, the U.S. Department of Labor’s (DOL) proposed amendments to the Fair Labor Standards Act (FLSA), specifically as to the criteria for the Part 541 “white collar” exemptions, are projected to have an enormous impact on retail and hospitality...

 

HTMLPhiladelphia Goes Beyond Ban the Box
Jacqueline R. Barrett, Julie Donahue, Emily K. O'Brian; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 7, 2016, previously published on December 21, 2015
On December 15, 2015, Mayor Michael Nutter signed a bill amending Philadelphia’s “ban the box” law, formally titled the Fair Criminal Records Screening Standards Ordinance, which was enacted in 2011. With these amendments, Philadelphia’s ordinance joins New York City’s...

 

HTMLRevised “Persuader” Reporting Requirements Are Back
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 7, 2016, previously published on December 28, 2015
Don't look now, but the U.S. Department of Labor’s latest Fall 2015 Semiannual Regulatory Agenda advances the controversial proposed revisions to the "persuader activity" reporting requirements under the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). Final regulatory...

 

HTMLIncreased Criminal Enforcement for Worker Safety Violations?
Don A. Duggar, Margaret S. Lopez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 7, 2016, previously published on December 22, 2015
In 2010, the Occupational Safety and Health Administration (OSHA) let employers know there was a new sheriff in town. Now there will be a new police force as well. On December 17, 2015, the U.S. Department of Justice (DOJ) announced the expansion of the Worker Endangerment Initiative. In its...

 

HTMLMassachusetts Sick Leave Law-Full Compliance Deadline Looming
Mark H. Burak, Rachel Reingold Mandel; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 7, 2016, previously published on December 18, 2015
Readers are probably aware that last year, Massachusetts voters approved a new sick leave law that went into effect on July 1, 2015. Many employers with preexisting leave policies, however, took advantage of the so-called “safe harbor” provision in the law and its implementing...

 

HTMLNew Jersey Annual Notice Reminders With Deadlines Fast Approaching
Mark Diana, Steven J. Luckner, Jocelyn A. Merced, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 7, 2016, previously published on December 21, 2015
New Jersey employers should be aware of two impending annual notice requirements. First, employers must distribute to each employee working in New Jersey a written copy of the Gender Equity Notice on or before December 31 each year and must obtain a signed acknowledgement from each employee in...

 


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